§ 9-10-11.When appearance bond not forfeited by failure to attend; setting aside forfeiture of appearance bond
Chapter 10. Civil Practice and Procedure Generally · Article 1. General Provisions · Last amended 1965 · Last verified July 17, 2026
In one sentenceA court may not forfeit an appearance bond when a reputable physician’s sworn statement shows physical disability prevented the principal from attending, or a warden’s affidavit shows the principal was detained in another jurisdiction’s penal institution, and any forfeiture is set aside if adequate proof of either excuse arrives within 60 days.
(a)No judgment decreeing the forfeiture of any appearance bond shall be rendered:
(1)If it is shown to the satisfaction of the court by the sworn statement of a reputable physician that the principal in the bond was prevented from attending by some physical disability; or
(2)If it is shown to the satisfaction of the court that the principal in the bond was prevented from attending because he was detained in a penal institution in another jurisdiction. A sworn affidavit of the warden or other responsible officer of the penal institution in which the principal is being detained shall be considered adequate proof of the principal’s detention.
(b)If adequate proof is furnished within 60 days of the forfeiture of an appearance bond that the principal failed to appear on the date of forfeiture for one of the reasons set forth in subsection (a) of this Code section, the forfeiture shall be set aside.
Plain-English Summary
An appearance bond guarantees someone shows up when required. This section recognizes that people sometimes cannot make it through no fault tied to skipping out, and it protects them from losing the bond in two specific situations: a physical disability documented by a reputable physician’s sworn statement, or detention in a penal institution in another jurisdiction, documented by a sworn affidavit from the warden or another responsible officer there.
Timing matters. If the principal already missed the court date and the bond was forfeited, that forfeiture does not have to stand — the statute lets it be set aside if adequate proof of one of those two excuses shows up within 60 days of the forfeiture.
The section draws a narrow but useful line: it does not excuse every missed appearance, only those backed by the specific kind of sworn proof the statute names, submitted within the 60-day window.
Frequently Asked Questions
What proof excuses a missed appearance due to physical disability?
The sworn statement of a reputable physician showing the principal was prevented from attending by some physical disability.
What proof excuses a missed appearance because the principal was detained elsewhere?
A sworn affidavit of the warden or other responsible officer of the penal institution in another jurisdiction where the principal was detained.
How long does someone have to submit proof after a bond is forfeited?
Adequate proof must be furnished within 60 days of the forfeiture.
What happens if adequate proof is furnished in time?
The forfeiture of the appearance bond shall be set aside.
Does the detention excuse apply only to Georgia institutions?
No, it applies when the principal was detained in a penal institution in another jurisdiction.
Amendment History
Ga. L. 1965, p. 266, §§ 1-3.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as:appearance bond forfeiture excuse georgiasetting aside bond forfeiture georgiaphysical disability excuse bond forfeitureprincipal detained another jurisdiction bond60 day proof bond forfeiture georgia